Payment of Death Gratuity to a minor
NO.7/3/2013-P&PW (F)
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners' Welfare
3rd Floor, Lok Nayak Bhavan,
Khan Market,
New Delhi-11 0003
Dated the, 2.../ December, 2014.
OFFICE MEMORANDUM
Subject: Payment of Death Gratuity to a minor - regarding
In accordance with the existing instructions, the payment of
a portion of death gratuity
could be made to the guardian, in the absence of a natural
guardian, without production of a
guardianship certificate. As per the existing orders, an
amount of RS.10,000/- (or the first
Rs.10,000/- where amount exceeds Rs.10,000/-)in favour of a
minor could be made to his/her
guardian, in the absence of a natural guardian, without
production of a formal guardianship
certificate but subject to production of an indemnity bond.
2. The above issue has been examined and in modification of
the above orders, it has been
decided that the payment of death gratuity in respect of a
minor to the extent of 20% or Rs.1.S0
lakh, whichever is less may be paid to his/her guardian, in
the absence of natural guardian,
without the production of a formal guardianship certificate
but subject to the production of an
indemnity bond with suitable sureties. The balance in excess
of 20% or Rs.1.S0 lakhs, as the
case may be, would become payable on the production of a
certificate of guardianship.
3. It is essential however, that there should be adequate
prima facie grounds for making
payment as in paragraph 2 above, to the person claiming it.
~uch ground can exist only if he is
shown by a declaration to be a de facto guardian and his
bona fides have been ascertained. Even
if a guardian has not yet been appointed by the Court, if
the minor and his property are in the
custody of some person, such person is in law a de facto
guardian. The authorities making the
payment, should, therefore, require the person who comes
forward to claim payment on behalf of
the minor, to satisfy themselves by a form that he is in
charge of the property of the minor and is looking after it or that, if the
minor has no property other than the gratuity, the minor is in his
custody and care. The form so to be produced is in addition
to the indemnity bond with suitable
sureties. .
4. The indemnity bond which is required to be produced by a
de-facto guardian of minor(s)
for payment of retirement/death gratuity to the extent of
RS.1.S0 lakh or 20% whichever is less
should be executed in the form appended below.
5. It has been decided that the stamp duty payable on the
indemnity bond will be borne by
the Government. The indemnity bond, should, therefore, be
executed on any durable plain paper.
6. The indemnity bond should be signed by the obligor and
the surety/sureties or their
respective attorneys appointed by power(s) of attorney. The
indemnity bond on behalf of the
President should be accepted by an officer duly authorized
under Article 229(1) of the
Constitution.
7. In so far as the persons serving in the Indian Audit and
Accounts Department are
concerned, these orders have been issued after consultation
with the Comptroller and Auditor
General of India.
8 This issues is with the concurrence of Department of
Expenditure vide their ID note No.
359/EV/2014 dated 04.07.2014.
9. Hindi version will follow.
(Tripti· P Ghosh)
Director
Tel.No.24624802
INDEMNITY BOND
KNOW ALL MEN by these presents that we (a) .
(b) the widow/son/brother, etc., of (c) deceased, resident
of
.................................... of (hereinafter called
"the Obligor") and (d) .
son/wife/daughter of resident of and son/wife/daughter
of. ........................... Resident of the sureties for
and on behalf of the Obligor
(hereinafter called "the Sureties") are held
firmly bound to the President ofIndia (hereinafter called"
the Government" ) in the sum of Rs (Rupees only) well
and truly to
be paid to the Government on demand and without a demur for
which payment we bind ourselves
and our respective heirs, executors, administrators, legal
representatives, successors and assigns by
these presents.
Signed this day of two thousand and
WHEREAS (c) was at the time of his death in the employment
of the
Government/receiving a pension at the rate of Rs (Rupees
only) per
month from the Government.
AND WHEREAS the said (c) died on the day of 20 and
there was due to him at the time of his death the sum of Rs
(Rupees
.................................... only) for and towards
share of his minor son/daughter in the death/retirement
gratuity.
AND WHEREAS the Obligor claims to be entitled to the said
sum as de facto guardian of the
minor son/daughter of the said (c) but has not obtained till
the date of these presents
the certificate of guardianship from any competent Court of
Law in respect of the said minor(s).
AND WHEREAS the Obligor has satisfied the (e) that he/she is
entitled to the
aforesaid sum and that it would cause undue delay and
hardship if the Obligor be required to
produce the certificate of guardianship from the competent
Court of Law before payment to him of
the said sum ofRs .
AND WHEREAS the Government has no objection to the payment
of the said sum to the Obligor
but under Government Rules and Orders, it is necessary for
the Obligor to first execute a bond with
one surety/two sureties to indemnify the Government against
all claims to the amount so due as
aforesaid to the said (c) before the said sum can be paid to
the Obligor.
AND WHEREAS the Obligor and at his/her request the
surety/sureties have agreed to execute the
bond in the terms and manner hereinafter contained.
NOW THE CONDITIQN OF THIS BOND is such that if after payment
has been made to the
Obligor, the Obligor and/or the surety/sureties shall in the
event of a claim being made by any other
person against the Government with respect to the aforesaid
sum of Rs. refund to the Government
the said sum of Rs and shall otherwise indemnify and keep
the Government
harmless and indemnified against and from all liabilities in
respect of the aforesaid sum and all costs
incurred in consequence of the claim thereto THEN the above
written bond or obligation shall be
void and of no effect but otherwise it shall remain in full
force, effect and virtue.· AND THESE PRESENTS ALSO WITNESS that the liability
of the sureties hereunder shall not
be impaired or discharged by reason of time being granted by
or any forbearance act or omission of
the Government whether with or without the knowledge or
consent of the surety/sureties in respect
of or in relation to the obligations or conditions to be
performed or discharged by the Obligor or by
any other method or thing whatsoever which under the law
relating to sureties, shall but for this
provision have the effect of so relating the surety/sureties
from such liability nor shall it be necessary
for the Government to sue the Obligor before suing the
surety/sureties or either of them for the
amount due hereunder, and the Government agrees to bear the
stamp duty, if any, chargeable on
these presents.
IN WITNESS WHEREOF the Obligor and the surety/sureties
hereto have set and subscribed their
respective hands hereunto on the day, month and year above
written.
Signed by the above named 'Obligor' in the presence of
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